Odem v. Magnus et al
Filing
24
PROPOSED FINDINGS AND RECOMMENDATION recommending 2 Odem's complaint be dismissed without prejudice. Objections due within 14 days of this Recommendation. Signed by Magistrate Judge Patricia S. Harris on 01/29/2025. (llg)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JACK ODEM III
ADC #116620
v.
PLAINTIFF
No: 4:24-cv-00805-KGB-PSH
BENNY MAGNESS, et al.
DEFENDANTS
PROPOSED FINDINGS AND RECOMMENDATION
INSTRUCTIONS
The following Recommendation has been sent to Chief United States District
Judge Kristine G. Baker. You may file written objections to all or part of this
Recommendation. If you do so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be received by the Clerk of this
Court within fourteen (14) days of this Recommendation. By not objecting, you
may waive the right to appeal questions of fact.
DISPOSITION
Plaintiff Jack Odem, III filed a pro se complaint pursuant to 42 U.S.C. § 1983
on September 20, 2024, while incarcerated at the Arkansas Division of Correction’s
Maximum Security Unit (Doc. No. 2). On November 25, 2023, the Court ordered
that the named defendants be served with process (Doc. No. 5).
On December 13, 2024, Odem notified the Court that he had a new free-world
address (Doc. No. 6). On December 16, 2024, the Court ordered Odem to submit
the $350.00 filing fee, or to complete and sign an IFP application reflecting his freeworld financial status, and to file it within 30 days (Doc. No. 7). Odem was
cautioned that failure to comply with the Court’s order within that time would result
in the recommended dismissal of his case. Id.
More than 30 days have passed, and Odem has not complied or otherwise
responded to the December 16 order. He has not submitted a current IFP application
or paid the requiring filing fee.1 Accordingly, the Court finds that this action should
be dismissed without prejudice for failure to comply with Local Rule 5.5(c)(2) and
failure to respond to the Court’s orders. See Miller v. Benson, 51 F.3d 166, 168 (8th
Cir. 1995) (District courts have inherent power to dismiss sua sponte a case for
failure to prosecute, and exercise of that power is reviewed for abuse of discretion).
It is therefore recommended that Odem’s complaint (Doc. No. 2) be dismissed
without prejudice.
DATED this 29th day of January, 2025.
UNITED STATES MAGISTRATE JUDGE
1
As of January 29, 2025, the Court has received no funds towards the filing fee in
this case.
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